Environmental groups push Gov. Cuomo on PCB Hudson cleanup

Four groups want governor to work for expanded GE cleanup

By Brian Nearing

Published 8:42 pm, Thursday, September 10, 2015

Albany

Four environmental groups pushed Gov. Andrew Cuomo to show "strong and conscientious leadership" by making General Electric Co. expand its PCB cleanup of the Hudson River and stop dismantling a critical PCB processing facility in Washington County.

In a letter to the governor Wednesday, the Natural Resources Defense Council, Scenic Hudson, Riverkeeper and Hudson River Sloop Clearwater also accused GE of playing "fast and loose" with a decade's worth its PCB testing of river fish to obtain misleadingly low results.

A company spokesman disputed that, calling the allegations a "red herring." On Thursday, spokesman Mark Behan said the fish test method, begun in 2004 and used through 2014, was a "standard approach" approved by the U.S. Environmental Protection Agency, which is overseeing the dredging project.

"The methodology is sound, and GE and EPA both believe the data are reliable," Behan said.

In announcing the PCB fish test issue last month, a scientist with the state Attorney General's office said GE's tests "systemically" underreported PCB levels 75 percent lower on average, when compared to the method used by the state Department of Environmental Conservation. In some cases, state tests yielded PCB levels that were double those reported by GE.

Environmental groups claimed that fish test results were skewed in a way that benefits GE by making PCB levels appear lower than they actually were, which could limit the company's liability for potential environmental damages to the river. "There are likely more PCBs in Hudson River fish than GE has been reporting, calling into question the success of the cleanup," according to the letter.

The letter urged Cuomo to act "for the sake of the river and your legacy with respect to it," by:

Asking EPA to have GE halt the removal of "vital dredging systems and/or cleanup infrasctuture" from the Fort Edward facility, where PCB-tainted river dredgings are taken to be processed, and PCBs are later shipped by rail to an out-of-state landfill for disposal.

Launching an investigation into GE's fish test methods and the company's "apparent filing of false certifications," as well as taking "all appropriate action against GE for any discovered malfeasance."

Pushing for completion of a federal "Natural Resource Damages Assessment" that includes necessary dredging of remaining toxic "hotspots," including within the Champlain Canal. New York is one of three federal trustees responsible for measuring damages to the river from PCBs; the other trustees are the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration.

A Cuomo spokeswoman said the letter was "under review" and declined further comment, referring a reporter to rare public remarks on the dredging made this month by the governor.

Asked if the project, which is due to wrap up in October, ought to be expanded to include the state-owned Champlain Canal, Cuomo said GE should "follow the law and the agreements that have been made."

The governor is reportedly wooing GE to move its Connecticut headquarters to New York, and in July visited with GE executives there.

"With the company already dismantling its multimillion- dollar cleanup infrastructure (in Fort Edward) — and full decommissioning expected in the fall — the time to act is now. GE must not be allowed to put the health and safety of the Hudson River, our communities, and our economy in jeopardy," the letter to Cuomo continued.